The easiest way to tell if your dealership is using ETR or EFS is to determine whether they have an inventory of license plates. If so, then your dealership is an EFS agent. The ETR system only allows issuance of temporary license plates or the transfer of the customer's existing metal license plate.

3.What is the Florida Statute which requires a criminalhistory check?

Sections 320.131 and 320.0609(8)(a), F.S., authorize the Department to adopt rules for the administration of the Electronic Temporary Registration (ETR) system. Section 320.03(10), Florida Statutes authorizes the Department to adopt rules for administration of the Electronic Filing System (EFS). The Department adopted the following rules, which require a criminal history check by any principal or authorized user of either system:
ETR - Rule 15C-16.006(3), Florida Administrative Code
EFS - Rule 15C-16.010(1), Florida Administrative Code

4.Why is a criminal history check now required?

The Level 1 criminal history check is required to ensure the protection and integrity of the information and data available from the EFS/ETR systems. Measures to deter fraudulent activities entail protecting sensitive materials, data, and information. When adopting rules for both systems, criminal history checks were added as a requirement for any principal or authorized user.

5. Who is required to have a criminal history check?

All principals and authorized users of the EFS and ETR systems must have a Level 1 criminal history check.

6.How do I perform a criminal history check?

The criminal history checks are to be obtained BY THE DEALER through the Florida Department of Law Enforcement(FDLE). Criminal history checks must be done for all principals and any users of either the EFS or ETR systems. You can find more information by visiting the FDLE website at www.fdle.state.fl.us or by clicking on the following link: FDLE Obtaining Criminal History.

7. What type of criminal history check or screening do I request from FDLE?

9. When do I need to have the criminal history screening completed by?

The criminal history screening must be performed by the DEALER for all principals and authorized users through the Florida Department of Law Enforcement and completed before any users will be granted access to the ETR or EFS information systems. Please consult with your ETR Vendors and EFS Certified Service Provider for details.

10.I have employees that have criminal records. Can they use the EFS or ETR system?

Rule
15C-16.010(1)
, F.A.C. states:
(f) The entity's principal and all prospective users of the system must have no convictions involving a felony for the last 7 years except as provided in section 112.011(1)(b), F.S. Regardless of the passage of time since the conviction and notwithstanding restoration of civil rights, anyone convicted of a felony involving dishonesty, including but not limited to identify theft, embezzlement or other economic crimes is not eligible to become an EFS agent or have access to an EFS agent's system. This does not include any felony convictions involving the actual operation of a motor vehicle. The EFS agent must provide verification to the Certified Service Provider that background checks are performed on all principals or prospective users and meet the requirements set forth in this rule prior to the Certified Service Provider allowing access to the system and registering authorized users.

Rule
15C-16.006
, F.A.C. states:
(2) A dealer must provide verification to the ETR provider that criminal history checks are performed on all principals or prospective users and meet the requirements set forth in this rule prior to the ETR provider allowing access to the system and registering authorized users. The dealer's principals or prospective users must have no convictions involving a felony for the last 7 years except as provided in Section 112.011(1)(b), F.S. Regardless of the passage of time since the conviction and notwithstanding restoration of civil rights, anyone convicted of a felony involving dishonesty, including but not limited to, identity fraud, embezzlement or other economic crimes is not eligible to be granted authorization to use the ETR system. The convictions listed above that would prohibit authorization to use the ETR system do not include any felony convictions involving the actual operation of a motor vehicle.

11. What happens if an approved agent allows an unauthorized user access to the system(s)?

Only authorized users who have completed the Level 1 criminal history check are permitted to access the EFS or ETR system.
EFS Rule 15C-16.013, F.A.C. and ETR Rule 15C-16.005, F.A.C. detail the enforcement authority for any failure to comply with the rules. The EFS and ETR rules can be viewed at the links provided.

12. I received my license in April of this year. I'm the only person who does the ETR work. Since I had a criminal history report done to get my license, do I need to do another one for this new policy?

If you've had a Level 1 criminal history check within the last 3 years and have a current license, you do not need another criminal history check. In the future, if you add personnel who will require access to either the ETR or EFS system, they will be required to have the Level 1 criminal history check prior to being given access to the system.

13. What should an entity or dealer do with the criminal history check once the dealer receives it back from the Florida Department of Law Enforcement?

The dealer should keep copies of the criminal history screening in their records. The ETR vendor or EFS Certified Service Provider is required to verify that all principals and authorized users have had the criminal history check.